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(영문) 서울중앙지방법원 2014.02.07 2013고단5499
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment for fraud at the Incheon District Court on September 14, 2007, and was released on March 30, 2009 during the execution of the sentence, and the parole period was terminated on May 25, 2009. On October 5, 2012, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on July 25, 2013.

On November 24, 2010, the Defendant, at the office near Kimpo-si, Kimpo-si, Kimpo-si, planned to develop and sell the land G (hereinafter “instant land”) to the victim D as the factory site. As such, the Defendant made a false statement that four would receive a loan from a financial institution and pay construction cost of KRW 120 million upon receiving a loan from the financial institution, if the construction work of the factory site is in the state of the year.

However, the Defendant had no particular property at the time, and reached approximately KRW 28,000,00,000,000,000 for personal debt, and the victim did not have the intent or ability to pay the construction cost even if the victim performed civil engineering works for factory site in the instant land by using the money borrowed as security in personal debt repayment, etc.

Although the Defendant deceiving the victim as such and had the victim do civil construction work for building a factory site on the instant land, the Defendant did not pay an amount equivalent to KRW 60,150,000 for construction cost, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and each testimony of F;

1. Part of the protocol of examination of the accused by the prosecution (including D)

1. The police statement concerning G;

1. A complaint;

1. Each report on investigation into a telephone system;

1. A copy of the certified copy of the register, a copy of the request for offset cancer, a copy of the detailed statement of offset cancer operations, a copy of response to the notice, a copy of the standard contract for construction works, and a copy of the photograph before and after construction

1. Previous convictions in judgment: The defendant's legal statements, criminal records, etc. inquiry reports and investigation reports (suspect A-related cases and investigation reports);

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